Case Summary
Petitioner filed a petition seeking eviction of respondents from a building on the property for commercial reconstruction due to non-payment of rent and negligence causing damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents and recovery of rent arrears
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction of respondents from the building and directed them to put petitioner in vacant possession.
Why Plaintiff Won:
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
Losing Side's Weaknesses:
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
Supporting Evidence
Respondents remained exparte and failed to challenge petitioner's unchallenged evidence of non-payment of rent and bonafide need for eviction.
Judgment Evidence:
The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parambattu Kunheen
- Party Age
- 69
- Relation
- Son of
- Party Role
- Defendant
- Party Name
- Thadathil Mohammedkutty Haji's children et al
- Party Role
- Defendant
- Party Name
- Varikkodan Mammutty Haji
- Relation
- Son of
Plaintiffs Documents
Jenm Assignment deed No. 2069/1997, Ownership Certificate, Cash receipts, Possession Certificate, Tax Receipt etc.
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the building and recovery of rent arrears
Evidence:
The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established petitioner's right over the property.
Reference:
No. 2069/1997
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Provided evidence of ownership.
Reference:
Dated 22-7-2017
Document Type:
Cash receipts
Submitted By:
Plaintiff
Relevance:
Proof of financial transactions related to the property.
Reference:
Dated 22-7-21017
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrated regular payment of taxes.
Reference:
Dated 2-6-2016
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Parambattu Kunheen vs Thadathil Mohammedkutty Haji's children et al regarding rent control dispute
Case Code Year
Case between Parambattu Kunheen vs Thadathil Mohammedkutty Haji's children et al regarding rent control dispute